Nghị định 135/2018/NĐ-CP sửa đổi, bổ sung Nghị định 46/2017/NĐ-CP về điều kiện đầu tư và hoạt động trong lĩnh vực giáo dục

DECREE

On amending and supplementing a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Education dated June 14, 2005 and the Law on amending and supplementing a number of articles of the Law on Education dated November 25, 2009;

Pursuant to the Law on Higher Education dated June 18, 2012;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on amending and supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of the Law on Investment dated November 22, 2016;

Pursuant to the Law on Vocational Education dated November 27, 2014;

At the proposal of the Minister of Education and Training;

The Government hereby promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 46/2017/ND-CP dated April 21, 2017 on providing regulations on conditions for investment and operation in the field of education (hereinafter referred to as the Decree No. 46/2017/ND-CP) as follows:

1. To amend and supplement Point b, Clause 2, Points b and c, Clause 3, Article 4 as follows:

“2. A dossier comprises:

b) A scheme for establishment of a pre-primary school, early childhood school or nursery school;

3. Implementation procedures:

b) Within 05 working days from the date on which the valid dossier is received, the district-level People’s Committee shall be responsible for directing the Division of Education and Training to organize to appraise conditions for establishment of a pre-primary school, early childhood school or nursery school. Within 15 working days, the Division of Education and Training shall assume the prime responsibility for and coordinate with specialized divisions to submit the appraisal opinions to the district-level People’s Committee;

c) Within the 05 working days from the date on which the Division of Education and Training and relevant specialized divisions’ written appraisal opinions are received, if all prescribed conditions are met, the Chairperson of the district-level People’s Committee shall issue a decision on establishment; in case of failure to meet the conditions as prescribed, the Chairperson of the district-level People’s Committee shall send a written response in which reasons for refusal should be clearly stated.”

2. To amend and supplement Point a, Point b, and the fifth dash of Point d, Clause 2, Article 5 as follows:

“a) The pre-primary school, early childhood school or nursery school must be located within the precincts of a residential zone; ensure compliance with regulations on safety and environmental hygiene;

b) Area of construction land includes: Construction area; playground area; green area and roads. The average area of project site must be at least 12 m2per a child in lowland, delta and midland regions (except towns and cities); 08 m2per a child in municipal, urban, mountainous regions and islands;

d) Structure of the building block includes:

- Playground, including: Playground for a group or class; the general playground for all children.”

3. To amend and supplement Clause 2, Points c and d, Clause 3, Article 6 as follows:

“2. A dossier comprises:

a) A written request for the license to carry out educational operations;

b) A copy issued from the original record; certified true copy from the original or a copy attached to the original for comparison of the decision on establishment or the decision on permit establishing a pre-primary school, early childhood school or nursery school;

c) The list of officers holding important positions, such as the principal, vice principals, heads of professional departments, with their professional qualifications and the List of teachers with their professional qualifications; labor contracts signed between a pre-primary school, early childhood school or nursery school and each administrative officer or teacher;

d) Early childhood education curriculum and syllabus for implementing the early childhood education program;

dd) The List of numbers of classroom, working rooms, facilities and equipment satisfying conditions as prescribed;

e) Legal confirmation documents on the land use rights or a lease agreement for a office of a pre-primary school, early childhood school or nursery school with a term of at least 05 years; the available amount of money currently managed by a pre-primary school, early childhood school or nursery school to ensure legitimacy and compliance with the commitment that such amount is only used for paying construction and other recurrent costs incurred by the pre-primary school, early childhood school or nursery school upon receipt of permission for educational operations; the plan for capital mobilization and allocation which assures stable operations of the pre-primary school, early childhood school or nursery school for the next period of 05 years that starts from the date of receipt of permission for enrollment;

g) Regulations on organization and operations of the pre-primary school, early childhood school or nursery school.

3. Implementation procedures:

c) Within 15 working days from the date on which notice of the plan on carrying out the actual evaluation is received, the Division of Education and Training shall to assume the prime responsibility for and coordinate with other relevant specialized divisions in organizing the actual evaluation;

d) Within 05 working days, if the pre-primary school, early childhood school or nursery school satisfies all conditions as prescribed, the Head of the Education and Training Division shall issue a decision on permission for educational operations; in case of failure to meet conditions as prescribed, he/she shall send a written notice to the pre-primary school, early childhood school or nursery school and clearly state the reason for refusal.”

4. To amend and supplement Point a, Clause 3, Points b and c, Clause 4, Article 7 as follows:

“3. A dossier comprises:

a) A scheme on merger, division or split-up of a pre-primary school, early childhood school or nursery school, with the plan to ensure the legal powers and interests of children, teachers, managers and employees;

4. Implementation procedures:

b) Within 05 working days from the date on which the valid dossier is received, the district-level People’s Committee shall be responsible for directing the Division of Education and Training to organize to appraise dossier and carry out the practical appraisal of conditions for merger, division or split-up of a pre-primary school, early childhood school or nursery school. Within 10 working days, the Division of Education and Training shall assume the prime responsibility for and coordinate with relevant specialized divisions to appraise and submit the district-level People’s Committee;

c) Within 05 working days from the date on which the Division of Education and Training and relevant specialized divisions’ written appraisal opinions are received, if all prescribed conditions are satisfied, the Chairperson of the district-level People’s Committee shall issue a decision on approval of merger, division or split-up; in case of failure to meet the conditions as prescribed, he/she shall send a written response in which reasons for refusal should be clearly stated.”

5. To amend and supplement Article 10 as follows:

“Article 10. Conditions for establishment and operation of childcare groups and pre-primary classes

1. Having teachers who satisfy the required standards.

2. Having child care, fostering and education rooms, ensuring safety; the area for child care, fostering and education rooms must be at least 1.5 m2per a child; play spaces, fences and guard doors used for protecting safety for children; for schools serving meals to children, it is required to have separate and safe kitchens;
ensuring regulatory safety standards as well as comply with fire prevention and food hygiene regulations. Providing a clean and adequate amount of drinking water for children.

3. Equipments required for a childcare group:

a) Minimum equipment for children includes: Play mats or rugs, beds, blankets, pillows, bed nets, drinking water containers, utensils, toys and racks for such utensils and toys, towel and cup racks, having enough potty and materials for purposeful play and play - practice with specific purposes;

b) Materials for a caregiver, including: Instructional kits for child care and education activities; child progress monitoring record-books; record-books for monitoring of assets of the childcare group; materials used for disseminating knowledge about child care and education for the parents.

4. Equipment for a pre-primary class:

a) Minimum equipment for children includes: Desks and chairs meeting stipulated standards for children (especially those under 05 years old): One desk and two chairs for two children; one desk, one chair and one blackboard for a teacher; utensils, toys and racks for such utensils and toys; water bottles, daily-life water; materials for purposeful play and learning.

For semi-boarding classes: There must be mats or beds, blankets, pillows, bed nets and fans;

b) Materials for a pre-primary teacher including: Instructional kits for child care and education activities; child progress monitoring record-books; journals for monitoring of child education activities; materials used for disseminating knowledge about child care and education for the parents.

5. For those areas where the early childhood education network does not meet the needs of sending children to school or class, individuals can organize childcare groups to meet the needs of nurturing and caring for children of parents and must register such operations with the commune-level People s Committee, ensuring the following conditions for operation registration:

a) The maximum number of children per a group is 07 children;

b) Caregivers of such childcare groups must have good health, have full capacity for civil conducts and have obtained the certificate of completion of the further improvement course in childcare and parenting practices in accordance with applicable regulations;

c) The childcare group must satisfy the minimum facility requirements as follows: The child nurture and care room must have a minimum area of 15 m2; ensure safety, airy and cool; have safe toys, appropriate for the age of children; have enough utensils and equipment to nourish and take care of children; have enough drinking water and running water for children every day; have restrooms and sanitary equipment suitable for children; have documents guiding implementation of child care and education.”

6. To amend and supplement Point c, Clause 2 and Point d, Clause 3, Article 11 as follows:

“2. A dossier comprises:

Copies issued from the original records, certificated true copies from the originals or copies attached to the originals for comparison of certificates and diplomas of a teacher or caregiver.

3. Implementation procedures:

d) Within 05 working days, from the date on which the Division of Education and Training’s written reply is received, the Chairperson of the commune-level People’s Committee shall issue a decision on establishment or approval of establishment. If no decision has been issued, the Chairperson of the commune-level People’s Committee must send a written notice which clearly states the reasons for refusal to organizations, individuals and the Division of Education and Training.”

7. To amend and supplement Clause 3, Point c, Clause 4, Article 12 as follows:

“3. A dossier comprises:

a) A written request form for merger, division or split-up of a childcare group or a pre-primary class, enclosed with a plan to ensure legal powers and interests of children and teachers;

b) Copies issued from the original records, certificated true copies from the originals or copies attached to the originals for comparison of certificates and diplomas of a teacher or caregiver.

4. Implementation procedures:

c) Within 05 working days from the date on which the Division of Education and Training’s written response is received, the Chairperson of the commune-level People’s Committee shall issue a decision on merger, division or split-up. In case of refusal to grant a decision to approve merger, division or split-up of a childcare group or a pre-primary class, a written notice in which reasons for such refusal should be clearly stated shall be sent to the Division of Education and Training and the applicant.”

8. To amend and supplement Point c, Clause 2, Points b and c, Clause 3, Article 16 as follows:

“2. A dossier comprises:

c) A curriculum vitae enclosed with copies issued from the original records, certificated true copies from the originals or copies attached to the originals for comparison of valid certificates and diplomas of a person expected to be the principal;

3. Implementation procedures:

b) The Division of Education and Training shall receive dossiers. Within 05 working days from the date on which the dossier is received, if such dossier is contrary to regulations, a written notice on contents to be amended and supplemented shall be sent to the organization or individual. Within 15 working days from the date on which the valid dossier is received, the Division of Education and Training shall assume the prime responsibility for and coordinate with relevant specialized divisions in giving opinions on appraising the dossier and practically appraising conditions for establishment and permission for establishment of a primary school. If all conditions are satisfied, the head of Education and Training Division shall give opinions in writing and send the dossier of request for establishment or permission for establishment of a primary school to the district-level People’s Committee;

c) Within 05 working days from the date on which the valid dossier is received, the Chairperson of the district-level People’s Committee shall issue a decision on establishment or permission for establishment of school. In case a decision on establishment or permission for establishment of school has not been issued yet, a written notice which clearly states reasons shall be sent to the Division of Education and Training, the commune-level People’s Committee and organization or individual requesting for establishing school.”

9. To amend and supplement Clause 2. Article 17 as follows:

“2. Land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations:

a) The minimum area of land used for construction of the requesting school that is determined by taking into account the number of classes, students and geographic characteristics shall be at least 10 m2per a student in rural or mountainous regions; 06 m2per a student in municipal or urban regions. In areas short of unoccupied land, it shall be possible that the land use area is replaced by the floor area and the stipulated area of vacant land must be adequate;

b) Structure of the building block includes:

- A section consisting of perimeter fences, school gates, name signs, classrooms, principal’s office, vice principals’ office, offices, conference rooms, teacher’s rooms, libraries, educational equipment storage spaces, computer labs, history and Young Pioneers’ activity exhibition houses, healthcare rooms, guard rooms;

- A section consisting of arts education rooms, audiovisual rooms, student consultation rooms, rooms for inclusive education for students with disabilities, physical education or multi-functional rooms;

- A section consisting of toilet areas for teachers, students and disabled students, garbage disposal areas and water supply and drainage systems that conform to stipulated sanitary standards, parking lots intended for students, teachers and staff, land plots used for play conforming to requirements that it must occupy at least 30% of total area of the school, ensuring safety for students;

- A section consisting of cafeteria and rest houses for semi-boarding students.

c) Having adequate educational equipment according to the List of minimum teaching equipment provided by the Ministry of Education and Training.”

10. To amend and supplement Article 18 as follows:

“Article 18. Procedures for approval of educational operations of a primary school

1. The Head of the Division of Education and Training shall decide to grant the requesting primary school the license to carry out its educational operations.

2. A dossier comprises:

a) A written request for permission for educational operations;

b) A copy issued from the original record; certified true copy from the original or a copy attached to the original for comparison of the decision on establishment or the decision on permission for establishing the school.

3. Implementation procedures:

a) The principal of the requesting primary school shall be responsible for preparing the dossier of request for approval of educational operations as prescribed in Clause 2 of this Article;

b) The Division of Education and Training shall receive the dossier, check conditions for educational operations in accordance with Article 17 of this Decree. Within 20 working days from the date on which the valid dossier is received, the Division of Education and Training shall assume the prime responsibility for and coordinate with relevant specialized divisions in giving opinions on appraising the dossier and practically appraising conditions for operation of a primary school. If all conditions are satisfied, the head of Education and Training Devision shall issue a decision on permitting the school carrying out educational operations. In case the decision has not been issued yet, a written notice in which clearly states reasons and solutions shall be sent to the requesting school.”

11. To amend and supplement Point b, Clause 3. Article 19 as follows:

“b) A scheme on merger, division or split-up, with the plan to ensure the legal powers and interests of students, teachers, managers and employees;”

12. To amend and supplement Article 22 as follows:

“Article 22. Conditions for other educational institutions to carry out primary education programs

1. Such educational institutions must employ a staff of qualified administrative officers and teachers conforming to the regulatory standards.

2. Classroom:

a) Ensure that a classroom is designed in conformity with the predetermined specifications, is safe for teachers and students in accordance with applicable school hygiene norms, and provides basic amenities for students with disabilities to make their learning activities easier;

b) Having the following equipment: Teachers and students’ desks and chairs conforming to the stipulated specifications and providing adequate seats for all students, blackboard, light and fan system (installed at places where electricity is supplied); document and teaching equipment storage cabinets.”

13. To amend and supplement Point b, Clause 2 and Point c, Clause 3, Article 23 as follows:

“2. A dossier comprises:

b) Copies issued from the original records, certificated true copies from the originals or copies attached to the originals for comparison of valid certificates and diplomas of a person expected to be in charge of the education institution;

3. Implementation procedures:

c) Within 10 working days from the date on which the valid dossier is received, the Chairperson of the commune-level People’s Committee shall consider and issue a decision on approving the other education institution to carry out the primary education program. In case of refusal, a written notice in which clearly states reasons for refusal and resolution shall be sent to the applicant.”

14. To amend and supplement Point c, Clause 2, Points b and c, Clause 3, Article 26 as follows:

“2. A dossier comprises:

c) A curriculum vitae enclosed with copies issued from the original records, certificated true copies from the originals or copies attached to the originals for comparison of valid certificates and diplomas of a person expected to be the principal;

3. Implementation procedures:

b) The Division of Education and Training or the Department of Education and Training shall receive submitted dossiers. Within 20 working days from the date on which the sufficient and valid dossier is received, the receiving agency shall to assume the prime responsibility for and coordinate with relevant specialized divisions in appraising the dossier and appraising the actual conditions for establishment of a lower secondary school. If all conditions are satisfied, a written opinion and the dossier of request for establishment or permission for establishment of the school shall be sent to the competent person as prescribed in Clause 1 of this Article. In case of failure to meet conditions as prescribed, a written notice with reasons shall be sent to the commune-level and district-level People’s Committees or organization or individual requesting for establishment of such school;

c) Within the maximum duration of 05 business days of receipt of all legally required documents, the person having relevant delegated powers shall issue the decision on establishment or permission for establishment of the requesting school; in case of rejection, a written notification in which reasons for such rejection should be clearly stated must be sent to the receiving authority or the requesting organization or individual.”

15. To amend and supplement Point a, Clause 2 and Clause 3, Article 27 as follows:

“2. The school must own land, school head office, facilities and equipment that meet regulatory requirements concerning educational operations. School facilities including:

a) The classroom must be built in conformity with the stipulated specifications, be furnished with an adequate number of chairs and desks of which the height fits for all students, teacher s chairs and desks, boards, and be capable of operating in two shifts a day;

3. The requesting school must be located at an area that helps provide a good and safe educational environment for students, teachers, officers and employees. The school must be located at a separate area with perimeter walls, school main entrance gate and school name sign.”

16. To amend and supplement Point b, Clause 2 and Point c, Clause 3, Article 28 as follows:

“2. A dossier comprises:

b) A copy issued from the original record; certified true copy from the original or a copy attached to the original for comparison of the decision on establishment or the decision on permission for establishing the school;

3. Implementation procedures:

c) Within 20 working days from the date on which the sufficient and valid dossier is received, the competent person specified in Clause 1 of this Article shall organize to appraise the dossier and appraise the actual conditions for carrying out educational operations of the requesting lower secondary school. If all conditions are satisfied, a decision on permission for educational operations shall be issued. In case of refusal to grant approval of educational operations, a written notice must be sent to the requesting school, give clear reasons for such refusal and provide any possible solution.”

17. To amend and supplement Point b, Clause 3. Article 29 as follows:

“b) A scheme on merger, division or split-up, with the plan to ensure the legal powers and interests of students, teachers, managers and employees;”

18. To amend and supplement Article 37 as follows:

“Article 37. Conditions for establishment of continuing education centers

1. Employing a staff of qualified administrative officers and teachers conforming to the regulatory standards.

2. Having a site used for construction or installation of facilities or equipment in accordance with the following regulations:

a) Having an adequate number of classrooms, laboratory rooms, libraries and production practice facilities;

b) Having teaching equipment and learning materials in conformity with requirements concerning provision of continuing education programs.”

19. To amend and supplement Article 43 as follows:

“Article 43. Procedures or establishment of the community-based learning centers

1. The Chairperson of the district-level People’s Committee shall decide to establish a community-based learning center.

2. A dossier comprises:

a) A written document of the commune-level People’s Committee or a organization or individual request for establishment of a community-based learning center;

b) Curriculum vitae of people expected to be Directors of the community-based learning center.

3. Implementation procedures:

a) The commune-level People’s Committee or organization or individual requesting for establishment of a community-based learning center shall send 01 set of dossier as prescribed in Clause 2 of this Article directly or by post to the Division of Education and Training;

b) Within 10 working days, the Division of Education and Training shall receive the dossier, organize to appraise conditions and submit the Chairperson of the district-level People’s Committee for consideration and decision;

c) Within 05 working days from the date on which the sufficient and valid dossier is received, the Chairperson of the district-level People’s Committee shall issue a decision on establishment. In case of refusal to approve the educational operations, a written notice must be sent to the commune-level People s Committee or the organization or individual requesting for establishment and the Division of Education and Training, give clear reasons and any possible solution.”

20. To amend and supplement Article 47 as follows:

“Article 47. Procedures for establishment of foreign language and computer training centers

1. Competence to establish the foreign language and computer training center:

a) The Director of a university, academy and principal of a pedagogical university or college shall be decide to establish the foreign language and computer training center that fall within the school campus;

b) The head of a social organization, socio-professional organization or economic organization authorized by laws to establish training centers shall be vested with authority to make his/her decision on the affiliated foreign language and computer training centers.

c) The Director of the Department of Education and Training shall decide to establish the affiliated foreign language and computer training centers; grant permission for establishing foreign language and computer training centers that allocated outside the universities, academies, pedagogical universities and colleges’ campuses and foreign language and computer training centers specified in Point b, Clause 1 of this Article.

2. The dossier shall include:

a) Written application for establishment of the foreign language and computer training center;

b) The scheme for establishment of the foreign language and computer training center including: Name of the center, location of the center, the demand and legal basis for establishment of the center; targets and missions of the center; teaching curriculum and training scale; physical facilities of the center; organizational structure of the center and the curriculum vitae of the recommended Director of the center;

c) The draft on the organizational operation regulation of the foreign language and computer training center.

3. Order of implementation:

a) Organization or individual shall send 01 dossiers directly or via post service as prescribed in Clause 2 of this Article to the competent person on establishment of the foreign language and computer training center;

b) Within 10 working days, from the receipt date of valid dossier, the competent authority on establishment of the foreign language and computer training center shall take responsibility to appraise and examine in accordance with law provisions;

c) Within 05 working days, the competent person on decision and permission for establishment of the foreign language and computer training center as prescribed in Clause 1 of this Article shall decide or permit to establish the center in case requirement satisfied; in case of decide not to establish the center, the written explanation shall be sent to the applicant.”

21. To amend and supplement Article 48 as follow:

“Article 48. Operational conditions of the foreign language and computer training center

1. Employs the staff system of manager, teacher and employee meet the requirement standard and operational requirements of the center.

2. Possesses appropriate constructional establishment, teaching equipment, program and documents, adequate funding, ensure the training quality in accordance with the development and improvement plans as well as operational scale of the center.”

22. To amend and supplement Clause 1 and Clause 2 Article 49 as follow:

“1. Authority on permission of educational activities:

a) The Director of the Department of Education and Training shall decide on permission for operation of educational activities of foreign language and computer training center as prescribed in point b and c Clause 1 Article 47 of this Decree;

b) The Director of university and academy; the principal of university and college shall decide on permission of the operation of the foreign language and computer training center within the campus area of such school.

2. The dossier shall include:

a) The written application for licensed on educational operation;

b) Copies duplicated from master registers, copies certificated from originals or copies attached with the originals for collation of the decision on establishment of the center granted by the competent authority;

c) Regulation on operation of the center;

d) Report on constructional establishment, teaching equipment, program and documents; human resource including managers and teachers; proofing documents on the use right of land and housing; the fund for operational guarantee of the center.”

23. To amend and supplement Article 60 as follow:

“Article 60. Conditions for establishment of the public center for assistance and development of integrative education, permission for establishment of the private center for assistance and development of integrative education

The establishment of the public center for assistance and development of integrative education, permission for establishment of the private center for assistance and development of integrative education must be in comply with the planning on specialized educational establishment system for the disabilities and the system of the center on assistance of integrative education approved by the competent State agency.”

24. To amend point d Clause 3 of Article 61 as follow:

“d) Within the limit of 05 working days, from the day that the Department of Home Affairs issues the appraisal document, the Chairperson of the provincial People s Committee shall promulgate the decision on permission or refusal of center establishment; in case of refusal, a written document which clearly state the reason shall be sent to the requested organization or individual.”

25. To amend and supplement Article 62 as follow:

“Article 62. Conditions for educational operation of the center for assistance and development of integrative education

1. Possesses the facilities, support means, equipment and services appropriate to the disabilities, including:

a) The headquarter and working office of manager, teacher and employee;

b) Class rooms, functional rooms in correspondence to implement the activities of the center;

c) The condominium for student in case the center has residency disabilities;

d) Means, equipment and tools for evaluation, interfere, teaching, occupational orientation and vocational training;

dd) Specialized documents, supporting documents to ensure the operation of the center.

2. Human resource including staffs, teachers and educational support employees with appropriate specialized skills for educational methods of training the disabilities.

3. Content of the educational program and training, consulting documents compatible to education methods for the disabilities.”

26. To amend and supplement point b Clause 2 and Clause 3 of Article 63 as follow:

“2. The dossier shall include:

b) Copies duplicated from master registers, copies certificated from originals or copies attached with the originals for collation of the decision on establishment or decision on permission for establish of the center.

3. Order of implementation:

a) The center shall send 01 set of dossier directly or via post service as prescribed in Clause 2 of this Article to the Department of Education and Training;

b) Within the limit 20 working days, from the receipt date of the valid dossier, the Department of Education and Training shall take responsibility to organize the evaluation of conditions for operation and issue the decision on permission for the educational operation of the center. In case of refuse to permit the educational operation of the center, a written document in which clearly state the reason and resolve orientation shall be sent to the center.”

27. To amend and supplement Clause 1 of Article 64 as follow:

“1. The center for assistance and development of integrative education may re-organized, be allowed to re- organized in case of satisfies the following conditions:

a) There is modification on functions, tasks and power of the center for assistance and development of integrative education;

b) Approved by the managing competent State agency.”

28. To amend and supplement point b, point c Clause 3 of Article 73 as follow:

“b) The Department of Education and Training shall receive the dossier, take the prime responsibility and coordinate with relevant agencies in district level to organize the appraisal on content of the planning on school establishment; submit to the Chairperson of district People s Committees for consideration and decision on establishment of boarding school for ethnic minorities;

c) Within the limit of 20 working days, from the receipt date of value dossier, the Chairperson of district People s Committees shall issue the decision on school establishment.  In case the decision on school establishment is not yet issued, the written documents shall be sent to the Department of Education and Training in which clearly state the reason and orientation for settlement.”

29. To amend and supplement Clause 1 and Clause 3 Article 78 as follow:

“1. Having the scheme for school establishment compatible to the planning on the network of pedagogy school approved by the management competent State agency.

3. Having the land area for construction of the main headquarter at minimum of 02 ha for intermediate pedagogy school and minimum of 05 ha for pedagogy college.  The location of school construction must ensure the educational environment and safety for learners, teachers, managing staffs and school’s employees.”

30. To amend and supplement Article 79 as follow:

“Article 79. Procedure for establishment of public pedagogical intermediate school, pedagogical college or permission for establishment of private pedagogical intermediate school, pedagogical college

1. The Minister of Education and Training shall decide on establishment of public pedagogical college or permission for establishment of private pedagogical college; the Chairperson of the provincial People s Committee shall decide on establishment of public pedagogical intermediate school or permission for establishment of private pedagogical intermediate school on the locality area.

2. The dossier shall include:

a) Written request for establishment of the managing authority for public school; written request for permission on establishment of organization, individual for private school. In such document must clearly state: Reason of establishment request, permission for establishment of school; school name in Vietnamese and English; address of the headquarter, location of training; functions and missions of the school; sectors and branches, scale and level of training;

b) The written approval of the People s Committee of the province where the headquarter of the school is located;

c) The school establishment proposal must clearly states: The necessity to set up the school, assess the suitability of the school establishment with the vocational education institution network planning; name of the school; functions, tasks, organizational structure and management; training lines and scales; objectives, content, program; financial resource; land area; expected facilities, quantity, structure of faculty members and management staff, meeting the standards of quality and training levels under the current regulations of the Ministry of Education and Training, suitable with the training registration roadmap and training enrollment; school construction and development plan in each period; duration and schedule of implementation of investment projects; socio-economic efficiency;

d) The draft master plan of the ground and preliminary design of construction architectural works, ensuring that it is suitable to the training industry, the size, training level and standards of the used area and construction area for learning and teaching;

dd) Copies issued from the original register, certified copies from the originals or copies enclosed with the originals for comparison of land use right certificates, house ownership rights or written approvals of land allocation lease land of provincial-level People s Committees (clearly identifying the address, area and boundary of the land area);

e) Decision on approving the school construction investment project, clearly identifying the capital source to comply with the school construction investment plan of the governing body for the application file for establishment of a public school; written confirmation of the bank of the contributed capital amount in the account of the project management board, proofs of ownership of assets attached to the valuation document of contributed assets if capital contribution is made by assets or ownership for the application file for permission to establish a private school;

g) For private schools, the dossier must also contain:

- A written appointment of the representative to establish the school of the capital contributors.

- The list of founding members.

- List, form and minutes of capital contribution by shareholders committed to contribute capital to the establishment.

- Tentative president and board of the school.

3. Order of implementation:

a) Receive applications for establishment and permission of establishment of a pedagogic secondary school or pedagogical college.

- Agencies, organizations and individuals shall send 01 set of dossier as specified in Clause 2 of this Article directly or by post to the Ministry of Education and Training (for pedagogical colleges), and to the Department of Education and Training (for pedagogical intermediate schools).

- The Ministry of Education and Training or the Department of Education and Training shall verify the school establishment dossier.

Within 05 working days from the day on which the application is received, the Ministry of Education and Training or the Department of Education and Training holds an appraisal if the application is valid or reply in writing to the request agency, organization, individual require for establishment or permission for the establishment and specify the reason if the dossier is invalid.

b) Decide the establishment and permission for the establishment of pedagogical secondary schools and pedagogical colleges:

Within 10 working days from the date of receipt of a complete application for establishment or approval of establishment of a school, the Minister of Education and Training shall decide to establish a public pedagogy college or permit establishing a private pedagogy college. The Chairperson of the People s Committee of the province shall decide to establish a public intermediate pedagogical school or permit the establishment of a private intermediate pedagogical school. In case of disagreement, there must be a written notice clearly stating the reason.

A decision on the establishment of a public pedagogy school or permission for the establishment of a private intermediate pedagogical school must be sent to the Ministry of Education and Training. The decision on establishment of a public pedagogical college or permit the establishment of a private pedagogical college must be sent to the People s Committee of the province where the school is headquartered.”

31. To amend and supplement points b and d, Clause 2, Article 81 as follows:

“b) Copies issued from the original register, certified copies from originals or copies enclosed with the originals for comparison of establishment decisions or permission for establishment;

d) Explanation of conditions for training quality assurance:

- A list of excerpts from organic lecturers and administrative officers;

- Land, facilities and equipment meet training requirements as committed; statistics of facilities for general training of the whole school, the number and area of ​​lecture halls, libraries, laboratories, equipment, textbooks, documents, books for educational activities;

- Financial resources as prescribed to ensure the maintenance and development of vocational education activities;

- Expected enrollment targets and plans;

- Curriculum, syllabi, materials of teaching and learning as prescribed.”

32. To amend Points a and b, Clause 1 of Article 82 as follows:

“a) In accordance with the plan of network of pedagogical schools;

b) Ensuring the legitimate rights and interests of learners, teachers, managing staffs and employees;”

33. To amend and supplement Clause 3 of Article 87 as follow:

“3. Have land to build schools in the head office at least 05 hectares and reached an average of at least 25 m2per students when the school have training scale stability after 10 years of development.”

34. To amend Point b, Clause 5 of Article 88 as follows:

“b) Copies issued from the original book, certified copies from the originals or copies enclosed with the originals for comparison of investment certificates for the establishment of private universities by the People s Committees of provincial level;”

35. To amend and supplement Clause 2 and Clause 4 Article 89 as follow:

“2. Having land, facilities and equipment meeting the prescribed operation requirements. The location of university construction must ensure the safe and educational environment for learners, teachers, administrators and staff according to the committed school establishment proposal.

4. Having a human resource on faculties’ lecturers and managers suitable to the training disciplines and branches, meeting the standards on quality and training level, ensuring the implementation of educational objectives and programs.”

36. To amend and supplement point d, Clause 2, Article 90 as follows:

“d) Explanation of conditions for training quality assurance:

- A list of excerpts from organic lecturers and administrative officers;

- Statistics of facilities for general training of the whole school, the number and area of ​​lecture halls, libraries, laboratories, equipment, textbooks, documents, books for educational activities;

- Expected enrollment targets and plans.”

37. To amend and supplement Clause 1 and Clause 3 Article 91 as follow:

“1. To formulate the scheme to establish a branch.

3. Having a built area of at least 02 ha for the campus area of the branch (in special cases, the Minister Ministry of Education and Training shall carry out consideration and decision), reached an average of at least 25m2/student at the time the branch has a stable training scale after 10 years of development.”

38. To amend and supplement the third dash in Point a, Clause 3, Article 92 as follows:

“- The proposal for establishing a branch.

The contents of a branch establishment plan must clearly state: The necessity to set up a branch; legal basis for plan formulation; strategic directions for building and developing the branch in each period; name, location, legal position, function and task of the branch; organizational structure, sector and training scale; number and structure of lecturers and managers; branch construction planning; solutions to implement the project: Solution to organize the management apparatus and personnel, solution for infrastructure construction, financial solution, steps to implement the project and priority tasks and accompanying evidences regarding conditions for establishing the branch.”

39. To amend and supplement Points b and d, Clause 1, Article 93 as follows:

“b) Having land, facilities and equipment that meet the operational requirements as prescribed. The location of the branch building must ensure the safe and educational environment for learners, teachers, administrators and employees according to the contents of the proposed branch establishment project;

d) Having a contingent of full-time lecturers and managers who are sufficient in number and synchronized in structure, suitable to the disciplines and sectors of training, meeting the standards of quality and training levels, ensuring implementation educational objectives and programs;”

40. To amend and supplement Article 98 as follow:

“Article 98. Procedures for establishing a public education quality accreditation organization or permission for the establishment of a private education quality accreditation organization

1. The Minister of Education and Training shall decide to set up a public education quality accreditation organization or permit the establishment of a private education quality accreditation organization.

2. The dossier shall include:

a) A written request for the establishment of an education quality accreditation organization;

b) A proposal to establish an education quality accreditation organization. The content of the project should clearly state: Organizations or individuals applying for establishment or permission for establishment; expected name of educational quality accreditation organization in Vietnamese and English or other languages ​​if necessary; expected location of head office; objectives and tasks; subjects and scope of education quality accreditation activities; projected number and qualification structure of inspectors; organizational structure; conditions on material foundations and financial resources; development plans, roadmaps and solutions in each period;

c) A personal record certified by the People s Committee of the commune, for applicant, or a copy issued from the master register, a certified copy from the original or a copy enclosed with the original for comparison of organizations requesting for establishment; the tentative director, deputy directors (if any) and members of the education quality accreditation council, enclosed with the curriculum vitae certified by the agency or organization at the work place or the commune- level People s Committee; a copy issued from the master register, a certified copy from the original or a copy enclosed with the original for comparison of inspectors’ cards and qualifications of inspectors.

3. Order of implementation:

a) The organization or individual sends 01 set of dossier as specified in Clause 2 of this Article directly or by post to the Ministry of Education and Training;

b) Within 05 working days from the day on which the application is received, if the application is incomplete as prescribed, the Ministry of Education and Training shall send a written notice to the applicant. Within 15 working days after receiving a complete and valid dossier, the Ministry of Education and Training shall evaluate the dossier and checks the accuracy of the document in the dossier. If meeting the prescribed conditions, the Minister of Education and Training shall decide to establish the organization or permit the establishment of an education quality accreditation organization, and if not eligible, the Ministry shall reply in a written notice clearly stating the reason therefor.”

41. To amend and supplement Article 99 as follow:

“Article 99. Conditions for education quality accreditation activities

1. Having a stable operation office; with room enough for the inspectors with a minimum area of 08 m2/person.

2. To employ at least 10 inspectors.”

42. To amend and supplement point d, Clause 2, Article 100 as follows:

“d) A copy issued from the master register, a certified copy from the original or a copy enclosed with the original for comparison of establishment decision or permission for establishment of an education quality accreditation organization; decision to appoint the director of the education quality accreditation organization; the list of inspectors enclosed with curriculum vitae, copies issued from the master register, certified copies from originals or copies enclosed with the originals for comparison of valid inspector cards and qualifications of inspectors; employment decisions or full-time labor contracts signed between educational quality accreditation organizations and inspectors;

43. To amend and supplement Clause 2 of Article 104 as follow:

“2. The dossier shall include:

a) A written request for the operation of a foreign education quality accreditation organization in Vietnam to specify the expected duration of operation; process of education quality accreditation; subjects and scope of activities of education quality accreditation;

b) A document proving the legal status of the foreign education quality accreditation organization, issued by a competent agency of the host country or a lawful international organization;

c) A written summary of the establishment and development of the foreign education quality accreditation organization; including the list of evaluation and accreditation activities of foreign education quality accreditation organizations in the latest 05 years; specify the link address of the relevant websites.”

44. To amend points b and c, Clause 2 of Article 108 as follows:

“b) A copy issued from the original book, a certified copy from the original or a copy enclosed with the original for comparison with the enterprise registration certificate, establishment decision or investment registration certificate;

c) The list of staff who directly provide overseas study counseling includes the following principal information: Full name, date of birth, gender, professional level, foreign language level, job position will undertake at the overseas study counseling service organization; a copy issued from the original book, a certified copy from the original or a copy enclosed with the original for comparison of university diploma, foreign language certificate, certificate of professional training in overseas study counseling.”

Article 2. To repeal a number of Articles, Clauses and points of the Decree No. 46/2017/ND-CP as follow:

To repeal Points c and d Clause 2 Article 4; Clause 1 Article 7; Clause 1 Article 12; Points d and dd Clause 2 Article 16; Clause 1 and Point d Clause 2 Article 19; the second and third dashs of Point d Clause 2 Article 20; the second dash of Point b Clause 3 Article 21; Point d and dd Clause 2 Article 26; Point c Clause 2 Article 28; Clause 1 and Point d Clause 3 Article 29; the second and third dashs of Point d Clause 3 Article 30; the second dashs of Point b Clause 3 Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; the second and third dashs of Point d Clause 3 Article 40; Point c Clause 1 Article 41; Article 42; Point b Clause 1 Article 44; Point c Clause Article 45; Clause 1 Article 50; the second and third dashs of Point d Clause 3 Article 51; Point b Clause 1 Article 52; Point c Clause 2 Article 61; the second and third dashs of Point d Clause 3 Article 65; Clause 2 Article 78; Clause 2 Article 80; Points b and c of Clause 5 Article 83; Clause 5 Article 91; Point a Clause 1 Article 93; Clause 1 Article 94; Article 97; Article 103; Point c Clause 1 Article 105; Clause 1 and Clause 2 Article 107.

Article 3. Implementation provisions

1. This Decree takes effect on November 20, 2018.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People s Committees shall implement this Decree./.

For the Government
The Prime Minister
Nguyen Xuan Phuc